Whiplash St. Louis Blog

At a car accident hearing, both sides will present their evidence and arguments to a judge or mediator, who will then decide how the case should be resolved.

Imagine your car accident attorney has negotiated with the insurance company for a fair settlement, but the insurance company just won’t budge. Or you and the other party in the car accident can’t seem to agree on who was at fault for the car accident. What happens next? The next step would be to file a lawsuit and take your case to court. However, before you can even get to that stage, you will generally have a car accident hearing.

At a car accident hearing, both sides will present their evidence and arguments to a judge or mediator, who will then decide how the case should be resolved. But who will actually be present at the hearing?

Key Players in a Car Accident Hearing

The Plaintiff: This is the person who filed the lawsuit. In a car accident case, the plaintiff is usually the driver who was injured in the accident.

The Defendant: This is the person being sued. In a car accident case, the defendant is usually the driver who caused the accident.

The Judge: The judge is the person who presides over the hearing. They will ensure that the proceedings are conducted fairly and under the law.

The Mediator: A mediator is a neutral third party who helps the two sides reach an agreement. Mediators don’t make decisions as a judge does. Instead, they help the two sides communicate and try to find common ground.

The Insurance Company: The insurance company will be represented by an attorney.

Your Attorney: It is highly recommended that you have an experienced car accident attorney representing you at the hearing. Your attorney can advocate for your best interests and make sure that you are treated fairly.

The Defendant’s Attorney: Like you, the defendant will also have an attorney representing them. The defendant’s attorney will try to prove that their client was not at fault for the accident.

Are Witnesses Allowed at a Car Accident Hearing?

Typically, only the parties involved in the lawsuit present evidence and arguments at the hearing. This means that witnesses generally won’t testify. However, there may be exceptions. For example, if there is a dispute over who was at fault for the accident, the judge may allow witnesses to testify about what they saw.

What About Evidence?

Evidence can take many forms, but some common examples include photos, videos, medical records, and police reports. Evidence will be used to support the arguments made by the parties involved in the lawsuit.

St. Louis Car Accident Lawyers

Whether you’ve recently been involved in a car accident or you’re wondering who will be present at your hearing and what kind of evidence you’ll need to prove your case, the experienced car accident attorneys at The Hoffman Law Firm can help. We have a proven track record of success in car accident cases, and we’re ready to put our experience to work for you. Contact us today for a free consultation.

How Long Do You Have to Report a Car Accident?

Under MoRS § 303.040,  drivers must report accidents to the police within 30 days if there was bodily injury, death, or damage in excess of $500. This reporting requirement gives the police time to investigate the accident and determine who was at fault. It also allows insurance companies to process claims and start paying for damages. 

When reporting an accident, you should be prepared to provide the following information: the date, time, and location of the accident; the names, addresses, and phone numbers of all involved parties; and a description of the damage sustained by each vehicle. You should also be prepared to provide your insurance information. 

How Long Do You Have to Notify the Insurance Company?

This is another common question that Missouri car accident victims ask. Ideally, after speaking with an experienced St. Louis car accident attorney, your insurance company should be contacted within 24 hours of the accident. The insurance company will likely have a representative who will visit the accident scene to take photos and gather information about what happened. If you wait too long to notify the insurance company, they may argue that you had time to tamper with the evidence or that the accident didn’t happen the way you say it did.

How Long After a Car Accident Can You File a Car Injury Claim?

Missouri law generally requires that you file your car accident injury claim within five years of the date of the accident. However, it’s always advisable to file your car injury claim as soon as possible. This is because it can be difficult to obtain evidence and witnesses to support your claim after a long period has passed. In addition, the insurance company may try to use the delay as an excuse to deny your claim. Therefore, it’s in your best interest to take action quickly following a car accident.

Remember that these time limits can vary depending on your case’s specific facts and circumstances. If you have been in a car accident, it’s important that you speak with an experienced auto injury attorney who can help protect your rights and ensure that you take action within the applicable time limits.

St. Louis Car Accident Lawyer

Do you need help pursuing your car injury claim? The Hoffman Law Firm can help. Our attorneys have over 20 years of experience and can evaluate your claim for free. Contact us today for a free consultation.

Slow Down in Heavy Rain or Standing Water

One of the most important tips to prevent hydroplaning is to slow down in heavy rain or standing water. Slowing down in heavy rain or standing water helps prevent hydroplaning because it gives the tires more time to displace the water on the road. In addition, avoiding standing water helps prevent tires from becoming overloaded with water, which can lead to a loss of traction. 

Avoid Sudden Braking or Turning

Another way to help prevent hydroplaning is to avoid sudden braking or turning. As we explained, when a vehicle is hydroplaning, its tires lose contact with the road and instead ride on a film of water. As a result, the vehicle can lose steering control and become difficult to handle. Sudden braking or turning can cause the vehicle to spin out of control or even overturn. Therefore, it’s important to avoid making any sudden moves while driving in wet conditions. Instead, drivers should slow down gradually and make gradual turns to help keep their vehicles under control. 

Check Your Tires Regularly

Good tire tread helps to displace water so that it does not build up under your tires. Inspect your tires often to make sure that they have enough tread. Also, check your tire pressure regularly and keep your tires inflated properly.

Drive Defensively

In bad weather, be extra alert and give yourself time to react to potential hazards. It takes longer to brake on wet roads, so leave extra space between you and the car in front of you. 

How To Recover from Hydroplaning

Now that we’ve covered tips on preventing hydroplaning, it’s also important to know what to do if you find yourself in this situation. Here are tips on how to recover from hydroplaning:

1. Keep your steering wheel straight. This will help you maintain control of your car and avoid skidding off the road.

2. Do not brake suddenly. This could cause you to lose control of the car entirely. Instead, gradually decelerate until you regain traction.

3. Do not attempt to accelerate out of a hydroplane. This will only worsen the situation and cause you to lose control of your car.

4. Pull off the road as soon as possible and come to a complete stop. Once you’re safely off the road, assess the damage and ensure that your car is in safe working condition before continuing your journey.

By following these tips, you can help prevent hydroplaning and ensure a safe journey for yourself and those around you.

St. Louis Car Accident Lawyer

If you have been involved in an auto collision caused by another party, The Hoffman Law Firm can help you recover the compensation you are legally entitled to. Contact us today for a free case evaluation.

Here are a few of Missouri’s most common traffic citations and what they could indicate about the other driver’s carelessness and the cause of your accident.

If you have been injured in a car accident and are planning to pursue a claim, you’ll need to provide strong evidence of the other driver’s negligence to have a shot at receiving compensation. Traffic citations can serve as this type of evidence. But what do different types of traffic citations mean, and how can they help your case? Below is a rundown of Missouri’s most common traffic citations and what they could indicate about the other driver’s carelessness and the cause of your accident.

Speeding

Speeding is, by far, the most common traffic violation. It’s also one of the easiest violations to spot on a police report. If the other driver was speeding at the time of the accident, that is solid evidence that they were not driving safely and that their negligence contributed to the accident. 

Reckless Driving

Reckless driving is another serious traffic offense that can be used as evidence of negligence. This includes offenses such as running red lights, making illegal U-turns, or tailgating. Any time a driver breaks the law or drives in a way that endangers others, they can be cited for reckless driving.

Failing to Yield

Failing to yield means failing to give the right of way to another driver who has the right of way. This can happen when turning, merging onto highways, or pulling out from side streets. Failing to yield is often considered a more minor offense than speeding or reckless driving. However, it can still be used as evidence of negligence if it played a role in causing an accident. 

Driving Under the Influence (DUI)

DUI refers to operating a vehicle while under the influence of drugs or alcohol. DUIs are one of the most serious types of traffic offenses and can lead to major accidents. If the other driver was driving under the influence at the time of your accident, it’s highly likely that their negligence caused the collision.  

Careless Driving

Careless driving is generally a catch-all category for less serious offenses that still demonstrate negligence on a driver’s part. This can include things like failing to signal when changing lanes or not yielding the right of way. Careless driving offenses are often subjective, which means they can be open to interpretation by adjusters and judges. However, if there is a citation detailing the other driver’s careless actions, it can still be used as evidence of negligence. 

While traffic citations don’t always indicate that the other driver was negligent, they can be helpful pieces of evidence in building your injury claim. So if you’ve been injured in an accident, be sure to check whether any traffic citations were issued as part of your investigation into whether you have grounds for a claim. 

St. Louis Car Accident Attorney

If you’ve been injured in an accident caused by someone else’s negligence, contact The Hoffman Law Firm today for a free consultation with an experienced St. Louis car injury attorney. We have over 20 years of experience and a proven track record of fighting for and recovering the compensation injury victims need to move forward.